Palm Man Sentenced To 5-12 Years In Jail For U. Perk Burglary

September 27, 1988|The Morning Call

A 40-year old heroin addict with a criminal record of 29 arrests was sentenced yesterday in Montgomery County Court to serve from five to 12 years in a state penitentiary for the burglary of an auto body shop in East Greenville.

Larry Ted Burkett of Palm in Upper Hanover Township was ordered by Judge Richard S. Lowe to make restitution of $5,800 to William Frank Phillip, former owner of Bill's Body Shop on Water Street, to cover the value of tools, paint sprayers, welding supplies and other equipment stolen in the break-in a year ago.

The sentence went beyond the established guidelines, Lowe commented, citing Burkett's lengthy criminal history and the effect the loss of their livelihood had upon the Phillip family. "Forty-five months does not appear to be adequate. The business was wiped out by this incident."

"He is a confirmed criminal," Lowe said. "He'd steal from his mother if he had the opportunity. There are no grounds to excuse or justify what he did."

Phillip testified he worked in a factory for years to save money to purchase the auto body shop a year ago. The burglary occurred just five days after the deal was finalized, but before transfer of insurance had been made. The loss cost him the business, he said, and destroyed plans he had made to purchase a home.

His wife, Rosemary, testified that they had to borrow money to give their children a Christmas, and that the loss of the business had taken a toll on her nerves.

Burkett told Lowe during the sentencing, "I did not do this burglary. I still proclaim my innocence." Evidence introduced at his trial last March included his fingerprints found on glass from the window broken to gain entry.

Assistant District Attorney James Markofski, in asking the court for a severe sentence, said Burkett had worked at the Phillips' garage "just long enough to case the place." He called Burkett a "recidivist thief who steals not only their property, but also steals their lives."

Phillip, on leaving the courtroom, said "It will take me 10 years to get it together again. He's getting five. I don't think I'll ever get restitution. You can't get money from someone who doesn't have any."